Beverly Hills Civil Contempt Lawyer

Civil Contempt Attorney in Beverly Hills, CA

If you are involved in a family law case, you or the other party may be court-ordered to either pay child support, turn over assets, be on a visitation schedule, or have a restraining order in place. In the optimal scenario, all parties comply with the court order. However, if you or the other party is accused of violating any orders, consider hiring a Beverly Hills civil contempt lawyer to handle your case.

What Does a Civil Contempt Lawyer Do?

A civil contempt lawyer is a type of family lawyer who represents clients accused of violating court orders. There is a range of family law cases that require court orders, including:

• Child support – In Los Angeles County alone, over $500 million worth of child support payments were distributed in recent years. Child support is essential to ensure children’s needs are met while parents are going through divorce or separation. Therefore, if either party neglects to pay court-ordered child support, there may be legal consequences.
• Child custody and visitation – Similar to child support, divorced or separated couples must make custody arrangements and a visitation schedule to ensure children have a semblance of routine and normalcy to help during such a trying time. However, when a parent refuses to follow the visitation schedule or adhere to their share of the custody arrangement, it is problematic for all involved.
• Property and assets – It may be difficult yet unavoidable to turn over your hard-earned assets when going through a divorce. This is especially true in Beverly Hills, where the median income was $127,979 in 2023. Therefore, while paying assets to an ex-spouse may be difficult, violating an order and paying the legal consequences may be more costly in the long run, especially if you do not have a lawyer on your side.
• Restraining orders – A restraining order is a court-ordered legal document meant to protect victims of domestic violence, harassment, or other harmful situations. Restraining orders must be followed to the letter for the specified time, unless legal actions may ensue.

Reasons People Violate Court Orders

While most people respect and follow court orders, others simply refuse to comply out of ego, greed, or other reasons. However, most cases of noncompliance are unintentional, such as in the examples below. If one of these scenarios fits your case, you may want to hire a civil contempt lawyer.

• Inability to comply – In some cases, one party may be unable to comply with the court order because of financial or other personal reasons. For example, if a person is laid off, they may not be able to pay child support, alimony, or their share of asset division.
• Lack of understanding – In other cases, a person may be noncompliant because they misunderstood parts of the order. They did not intentionally fail to comply; they simply were unaware of their responsibilities.
• Lack of clarity – Sometimes, court orders are unclear or have ambiguous language that can lead to miscommunication and noncompliance. Legal jargon can be confusing for the common citizen, which is why it is helpful to hire a Beverly Hills civil contempt attorney to help decipher court orders.

California Civil Contempt Laws

In California, you are guilty of contempt if you know an order exists and willfully disobey the order. Further, there are civil contempt laws and criminal contempt laws. While criminal contempt laws are punitive, civil contempt laws are meant to ensure future obedience. Specifically, the penalties for violating a civil order end once you comply. For example, if you are put in jail for failure to pay child support, you are freed once you resume payments.

Penalties for Being in Contempt of Court

The penalties for civil contempt can range from jail time to paying fines, depending on the extent of the violation. For example, violating a restraining order is a misdemeanor under CA Penal Code 166b, and violators may face up to a year in jail, up to $5,000 in fines, or both. Other penalties for civil contempt may be license or passport suspension, as in the case of failure to pay child support.

FAQs

Do You Need a Lawyer to File a Motion for Contempt of Court?

No, you do not need a lawyer to file a motion for contempt of court, as you can represent yourself. However, it is highly recommended to hire a lawyer to increase your chances of success in your case. Your lawyer can explain difficult concepts, inform you of your rights, or aggressively fight for you in court if the need arises.

Can You Be Jailed for Contempt in a Civil Case?

Yes, you can be jailed for contempt in a civil case for issues like failing to pay child support, violating a restraining order, refusing to turn over important documents, or refusing to provide information pertinent to the case. The difference is that once you comply, you may be freed from jail, since civil contempt cases are more coercive than punitive.

Can You Appeal Civil Contempt?

Yes, you can appeal civil contempt. In California, you must file a Notice of Appeal within 60 days of the judgment. It is important to note that simply disagreeing with the ruling is not enough to appeal a civil contempt case. Instead, you must prove that there was some error in the ruling or process.

What Is the Optimal Defense for Contempt of Court?

Contempt of court requires knowledge and willfulness. This means that you are aware of the court order but willfully or intentionally chose to be noncompliant. Therefore, if you can prove you did not know of the order or that you unintentionally violated the order, you may have a strong defense.

Hire a Civil Contempt Lawyer Today

Family is of utmost importance, which is why it is essential for all involved to know their rights when facing family law issues. Moreover, if your family is caught up in a civil contempt dispute, legal representation may be necessary. Luckily, with our 15 years of experience handling family law cases, we can help you with your civil contempt case. Contact Benefield Faulk Law – Family Law Trial Advocates P.C. today for a consultation and learn how we can support you to the end.